Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 1076 By: Murdock
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to the Administrative Workers'
7 Compensation Act; amending 85A O.S. 2021, Section 2,
8 which relates to definitions; eliminating certain
8 provisions of definition; updating statutory
9 references; and providing an effective date.
9
10
10
11
11
12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
12
13 SECTION 1. AMENDATORY 85A O.S. 2021, Section 2, is
13
14 amended to read as follows:
14
15 Section 2. As used in the Administrative Workers' Compensation
15
16 Act:
16
17 1. "Actually dependent" means a surviving spouse, a child or
17
18 any other person who receives one-half (1/2) or more of his or her
18
19 support from the employee;
19
20 2. "Carrier" means any stock company, mutual company, or
20
21 reciprocal or interinsurance exchange authorized to write or carry
21
22 on the business of workers' compensation insurance in this state.
22
23 Whenever required by the context, the term "carrier" shall be deemed
23
24 to include duly qualified self-insureds or self-insured groups;
24
Req. No. 961 Page 1
1 3. "Case management" means the ongoing coordination, by a case
1
2 manager, of health care services provided to an injured or disabled
2
3 worker, including but not limited to systematically monitoring the
3
4 treatment rendered and the medical progress of the injured or
4
5 disabled worker; ensuring that any treatment plan follows all
5
6 appropriate treatment protocols, utilization controls and practice
6
7 parameters; assessing whether alternative health care services are
7
8 appropriate and delivered in a cost-effective manner based upon
8
9 acceptable medical standards; and ensuring that the injured or
9
10 disabled worker is following the prescribed health care plan;
10
11 4. "Case manager" means a person who is a registered nurse with
11
12 a current, active unencumbered license from the Oklahoma Board of
12
13 Nursing, or possesses one or more of the following certifications
13
14 which indicate the individual has a minimum number of years of case
14
15 management experience, has passed a national competency test and
15
16 regularly obtains continuing education hours to maintain
16
17 certification:
17
18 a. Certified Disability Management Specialist (CDMS),
18
19 b. Certified Case Manager (CCM),
19
20 c. Certified Rehabilitation Registered Nurse (CRRN),
20
21 d. Case Manager - Certified (CMC),
21
22 e. Certified Occupational Health Nurse (COHN), or
22
23 f. Certified Occupational Health Nurse Specialist (COHN-
23
24 S);
24
Req. No. 961 Page 2
1 5. "Certified workplace medical plan" means an organization of
1
2 health care providers or any other entity, certified by the State
2
3 Commissioner of Health, that is authorized to enter into a
3
4 contractual agreement with an employer, group self-insurance
4
5 association plan, an employer's workers' compensation insurance
5
6 carrier, third-party administrator or an insured to provide medical
6
7 care under the Administrative Workers' Compensation Act. Certified
7
8 plans shall only include plans which provide medical services and
8
9 payment for services on a fee-for-service basis to medical
9
10 providers;
10
11 6. "Child" means a natural or adopted son or daughter of the
11
12 employee under eighteen (18) years of age; or a natural or adopted
12
13 son or daughter of an employee eighteen (18) years of age or over
13
14 who is physically or mentally incapable of self-support; or any
14
15 natural or adopted son or daughter of an employee eighteen (18)
15
16 years of age or over who is actually dependent; or any natural or
16
17 adopted son or daughter of an employee between eighteen (18) and
17
18 twenty-three (23) years of age who is enrolled as a full-time
18
19 student in any accredited educational institution. The term "child"
19
20 includes a posthumous child, a child legally adopted or one for whom
20
21 adoption proceedings are pending at the time of death, an actually
21
22 dependent stepchild or an actually dependent acknowledged child born
22
23 out of wedlock;
23
24
24
Req. No. 961 Page 3
1 7. "Claimant" means a person who claims benefits for an injury
1
2 or occupational disease pursuant to the provisions of the
2
3 Administrative Workers' Compensation Act;
3
4 8. "Commission" means the Workers' Compensation Commission;
4
5 9. a. "Compensable injury" means damage or harm to the
5
6 physical structure of the body, or damage or harm to
6
7 prosthetic appliances, including eyeglasses, contact
7
8 lenses, or hearing aids, of which the major cause is
8
9 either an accident, cumulative trauma or occupational
9
10 disease arising out of the course and scope of
10
11 employment. An "accident" means an event involving
11
12 factors external to the employee that:
12
13 (1) was unintended, unanticipated, unforeseen,
13
14 unplanned and unexpected,
14
15 (2) occurred at a specifically identifiable time and
15
16 place,
16
17 (3) occurred by chance or from unknown causes, or
17
18 (4) was independent of sickness, mental incapacity,
18
19 bodily infirmity or any other cause.
19
20 b. "Compensable injury" does not include:
20
21 (1) injury to any active participant in assaults or
21
22 combats which, although they may occur in the
22
23 workplace, are the result of non-employment-
23
24 related hostility or animus of one, both, or all
24
Req. No. 961 Page 4
1 of the combatants and which assault or combat
1
2 amounts to a deviation from customary duties;
2
3 provided, however, injuries caused by horseplay
3
4 shall not be considered to be compensable
4
5 injuries, except for innocent victims,
5
6 (2) injury incurred while engaging in or performing
6
7 or as the result of engaging in or performing any
7
8 recreational or social activities for the
8
9 employee's personal pleasure,
9
10 (3) injury which was inflicted on the employee at a
10
11 time when employment services were not being
11
12 performed or before the employee was hired or
12
13 after the employment relationship was terminated,
13
14 (4) injury if the accident was caused by the use of
14
15 alcohol, illegal drugs, or prescription drugs
15
16 used in contravention of physician's orders. If
16
17 a biological specimen is collected within twenty-
17
18 four (24) hours of the employee being injured or
18
19 reporting an injury, or if at any time after the
19
20 injury a biological specimen is collected by the
20
21 Oklahoma Office of the Chief Medical Examiner if
21
22 the injured employee does not survive for at
22
23 least twenty-four (24) hours after the injury and
23
24 the employee tests positive for intoxication, an
24
Req. No. 961 Page 5
1 illegal controlled substance, or a legal
1
2 controlled substance used in contravention to a
2
3 treating physician's orders, or refuses to
3
4 undergo the drug and alcohol testing, there shall
4
5 be a rebuttable presumption that the injury was
5
6 caused by the use of alcohol, illegal drugs, or
6
7 prescription drugs used in contravention of
7
8 physician's orders. This presumption may only be
8
9 overcome if the employee proves by clear and
9
10 convincing evidence that his or her state of
10
11 intoxication had no causal relationship to the
11
12 injury,
12
13 (5) any strain, degeneration, damage or harm to, or
13
14 disease or condition of, the eye or
14
15 musculoskeletal structure or other body part
15
16 resulting from the natural results of aging,
16
17 osteoarthritis, arthritis, or degenerative
17
18 process including, but not limited to,
18
19 degenerative joint disease, degenerative disc
19
20 disease, degenerative
20
21 spondylosis/spondylolisthesis and spinal
21
22 stenosis, or
22
23 (6) any preexisting condition except when the
23
24 treating physician clearly confirms an
24
Req. No. 961 Page 6
1 identifiable and significant aggravation incurred
1
2 in the course and scope of employment.
2
3 c. A compensable injury shall be established by medical
3
4 evidence supported by objective findings as defined in
4
5 paragraph 31 of this section.
5
6 d. The injured employee shall prove by a preponderance of
6
7 the evidence that he or she has suffered a compensable
7
8 injury.
8
9 e. Benefits shall not be payable for a condition which
9
10 results from a non-work-related independent
10
11 intervening cause following a compensable injury which
11
12 causes or prolongs disability, aggravation, or
12
13 requires treatment. A non-work-related independent
13
14 intervening cause does not require negligence or
14
15 recklessness on the part of a claimant.
15
16 f. An employee who suffers a compensable injury shall be
16
17 entitled to receive compensation as prescribed in this
17
18 act the Administrative Workers' Compensation Act.
18
19 Notwithstanding other provisions of law, if it is
19
20 determined that a compensable injury did not occur,
20
21 the employee shall not be entitled to compensation
21
22 under this act the Administrative Workers'
22
23 Compensation Act;
23
24
24
Req. No. 961 Page 7
1 10. "Compensation" means the money allowance payable to the
1
2 employee or to his or her dependents and includes the medical
2
3 services and supplies provided for in Section 50 of this title and
3
4 funeral expenses;
4
5 11. "Consequential injury" means injury or harm to a part of
5
6 the body that is a direct result of the injury or medical treatment
6
7 to the part of the body originally injured in the claim. The
7
8 Commission shall not make a finding of a consequential injury unless
8
9 it is established by objective medical evidence that medical
9
10 treatment for such part of the body is required;
10
11 12. "Continuing medical maintenance" means medical treatment
11
12 that is reasonable and necessary to maintain claimant's condition
12
13 resulting from the compensable injury or illness after reaching
13
14 maximum medical improvement. Continuing medical maintenance shall
14
15 not include diagnostic tests, surgery, injections, counseling,
15
16 physical therapy, or pain management devices or equipment;
16
17 13. "Course and scope of employment" means an activity of any
17
18 kind or character for which the employee was hired and that relates
18
19 to and derives from the work, business, trade or profession of an
19
20 employer, and is performed by an employee in the furtherance of the
20
21 affairs or business of an employer. The term includes activities
21
22 conducted on the premises of an employer or at other locations
22
23 designated by an employer and travel by an employee in furtherance
23
24
24
Req. No. 961 Page 8
1 of the affairs of an employer that is specifically directed by the
1
2 employer. This term does not include:
2
3 a. an employee's transportation to and from his or her
3
4 place of employment,
4
5 b. travel by an employee in furtherance of the affairs of
5
6 an employer if the travel is also in furtherance of
6
7 personal or private affairs of the employee,
7
8 c. any injury occurring in a parking lot or other common
8
9 area adjacent to an employer's place of business
9
10 before the employee clocks in or otherwise begins work
10
11 for the employer or after the employee clocks out or
11
12 otherwise stops work for the employer unless the
12
13 employer owns or maintains exclusive control over the
13
14 area, or
14
15 d. any injury occurring while an employee is on a work
15
16 break, unless the injury occurs while the employee is
16
17 on a work break inside the employer's facility or in
17
18 an area owned by or exclusively controlled by the
18
19 employer and the work break is authorized by the
19
20 employee's supervisor;
20
21 14. "Cumulative trauma" means an injury to an employee that is
21
22 caused by the combined effect of repetitive physical activities
22
23 extending over a period of time in the course and scope of
23
24 employment. Cumulative trauma shall not mean fatigue, soreness or
24
Req. No. 961 Page 9
1 general aches and pain that may have been caused, aggravated,
1
2 exacerbated or accelerated by the employee's course and scope of
2
3 employment. Cumulative trauma shall have resulted directly and
3
4 independently of all other causes;
4
5 15. "Death" means only death resulting from compensable injury
5
6 as defined in paragraph 9 of this section;
6
7 16. "Disability" means incapacity because of compensable injury
7
8 to earn, in the same or any other employment, substantially the same
8
9 amount of wages the employee was receiving at the time of the
9
10 compensable injury;
10
11 17. "Drive-away operations" includes every person engaged in
11
12 the business of transporting and delivering new or used vehicles by
12
13 driving, either singly or by towbar, saddle-mount or full-mount
13
14 method, or any combination thereof, with or without towing a
14
15 privately owned vehicle;
15
16 18. a. "Employee" means any person, including a minor, in the
16
17 service of an employer under any contract of hire or
17
18 apprenticeship, written or oral, expressed or implied,
18
19 but excluding one whose employment is casual and not
19
20 in the course of the trade, business, profession, or
20
21 occupation of his or her employer and excluding one
21
22 who is required to perform work for a municipality or
22
23 county or the state or federal government on having
23
24 been convicted of a criminal offense or while
24
Req. No. 961 Page 10
1 incarcerated. "Employee" shall also include a member
1
2 of the Oklahoma National Guard while in the
2
3 performance of duties only while in response to state
3
4 orders and any authorized voluntary or uncompensated
4
5 worker, rendering services as a firefighter, law
5
6 enforcement officer or emergency management worker.
6
7 Travel by a police officer, fireman, or a member of a
7
8 first aid or rescue squad, in responding to and
8
9 returning from an emergency, shall be deemed to be in
9
10 the course of employment.
10
11 b. The term "employee" shall not include:
11
12 (1) any person for whom an employer is liable under
12
13 any Act of Congress for providing compensation to
13
14 employees for injuries, disease or death arising
14
15 out of and in the course of employment including,
15
16 but not limited to, the Federal Employees'
16
17 Compensation Act, the Federal Employers'
17
18 Liability Act, the Longshore and Harbor Workers'
18
19 Compensation Act and the Jones Act, to the extent
19
20 his or her employees are subject to such acts,
20
21 (2) any person who is employed in agriculture,
21
22 ranching, or horticulture by an employer who had
22
23 a gross annual payroll in the preceding calendar
23
24 year of less than One Hundred Thousand Dollars
24
Req. No. 961 Page 11
1 ($100,000.00) wages for agricultural, ranching or
1
2 horticultural workers, or any person who is
2
3 employed in agriculture, ranching or horticulture
3
4 who is not engaged in operation of motorized
4
5 machines. This exemption applies to any period
5
6 of time for which such employment exists,
6
7 irrespective of whether or not the person is
7
8 employed in other activities for which the
8
9 exemption does not apply. If the person is
9
10 employed for part of a year in exempt activities
10
11 and for part of a year in nonexempt activities,
11
12 the employer shall be responsible for providing
12
13 workers' compensation only for the period of time
13
14 for which the person is employed in nonexempt
14
15 activities,
15
16 (3) any person who is a licensed real estate sales
16
17 associate or broker, paid on a commission basis,
17
18 (4) any person employed by an employer with five or
18
19 fewer total employees, all of whom are related
19
20 within the second degree by blood or marriage to
20
21 the employer, all of whom are dependents living
21
22 in the household of the employer, or all of whom
22
23 are a combination of such relatives and
23
24 dependents. If the employer is not a natural
24
Req. No. 961 Page 12
1 person such relative shall be related within the
1
2 second degree by blood or marriage to a person
2
3 who owns fifty percent (50%) or more of the
3
4 employer, or such dependent shall be in the
4
5 household of a person who owns fifty percent
5
6 (50%) or more of the employer,
6
7 (5) any person employed by an employer which is a
7
8 youth sports league which qualifies for exemption
8
9 from federal income taxation pursuant to federal
9
10 law,
10
11 (6) sole proprietors, members of a partnership,
11
12 individuals who are party to a franchise
12
13 agreement as set out by the Federal Trade
13
14 Commission franchise disclosure rule, 16 CFR
14
15 436.1 through 436.11, members of a limited
15
16 liability company who own at least ten percent
16
17 (10%) of the capital of the limited liability
17
18 company or any stockholder-employees of a
18
19 corporation who own ten percent (10%) or more
19
20 stock in the corporation, unless they elect to be
20
21 covered by a policy of insurance covering
21
22 benefits under the Administrative Workers'
22
23 Compensation Act,
23
24
24
Req. No. 961 Page 13
1 (7) any person providing or performing voluntary
1
2 service who receives no wages for the services
2
3 other than meals, drug or alcohol rehabilitative
3
4 therapy, transportation, lodging or reimbursement
4
5 for incidental expenses except for volunteers
5
6 specifically provided for in subparagraph a of
6
7 this paragraph,
7
8 (8) a person, commonly referred to as an owner-
8
9 operator, who owns or leases a truck-tractor or
9
10 truck for hire, if the owner-operator actually
10
11 operates the truck-tractor or truck and if the
11
12 person contracting with the owner-operator is not
12
13 the lessor of the truck-tractor or truck.
13
14 Provided, however, an owner-operator shall not be
14
15 precluded from workers' compensation coverage
15
16 under the Administrative Workers' Compensation
16
17 Act if the owner-operator elects to participate
17
18 as a sole proprietor,
18
19 (9) a person referred to as a drive-away owner-
19
20 operator who privately owns and utilizes a tow
20
21 vehicle in drive-away operations and operates
21
22 independently for hire, if the drive-away owner-
22
23 operator actually utilizes the tow vehicle and if
23
24 the person contracting with the drive-away owner-
24
Req. No. 961 Page 14
1 operator is not the lessor of the tow vehicle.
1
2 Provided, however, a drive-away owner-operator
2
3 shall not be precluded from workers' compensation
3
4 coverage under the Administrative Workers'
4
5 Compensation Act if the drive-away owner-operator
5
6 elects to participate as a sole proprietor, and
6
7 (10) any person who is employed as a domestic servant
7
8 or as a casual worker in and about a private home
8
9 or household, which private home or household had
9
10 a gross annual payroll in the preceding calendar
10
11 year of less than Fifty Thousand Dollars
11
12 ($50,000.00) for such workers;
12
13 19. "Employer" means a natural person, partnership,
13
14 association, limited liability company, corporation, and the legal
14
15 representatives of a deceased employer, or the receiver or trustee
15
16 of a person, partnership, association, corporation, or limited
16
17 liability company, departments, instrumentalities and institutions
17
18 of this state and divisions thereof, counties and divisions thereof,
18
19 public trusts, boards of education and incorporated cities or towns
19
20 and divisions thereof, employing a person included within the term
20
21 "employee" as defined in this section. Employer may also mean the
21
22 employer's workers' compensation insurance carrier, if applicable.
22
23 Except as provided otherwise, this act the Administrative Workers'
23
24
24
Req. No. 961 Page 15
1 Compensation Act applies to all public and private entities and
1
2 institutions;
2
3 20. "Employment" includes work or labor in a trade, business,
3
4 occupation or activity carried on by an employer or any authorized
4
5 voluntary or uncompensated worker rendering services as a
5
6 firefighter, peace officer or emergency management worker;
6
7 21. "Evidence-based" means expert-based, literature-supported
7
8 and outcomes validated by well-designed randomized trials when such
8
9 information is available and which uses the best available evidence
9
10 to support medical decision making;
10
11 22. "Gainful employment" means the capacity to perform
11
12 employment for wages for a period of time that is not part-time,
12
13 occasional or sporadic;
13
14 23. "Impaired self-insurer" means a private self-insurer or
14
15 group self-insurance association that fails to pay its workers'
15
16 compensation obligations, or is financially unable to do so and is
16
17 the subject of any proceeding under the Federal Bankruptcy Reform
17
18 Act of 1978, and any subsequent amendments or is the subject of any
18
19 proceeding in which a receiver, custodian, liquidator,
19
20 rehabilitator, trustee or similar officer has been appointed by a
20
21 court of competent jurisdiction to act in lieu of or on behalf of
21
22 the self-insurer;
22
23 24. "Incapacity" means inadequate strength or ability to
23
24 perform a work-related task;
24
Req. No. 961 Page 16
1 25. "Insurance Commissioner" means the Insurance Commissioner
1
2 of the State of Oklahoma;
2
3 26. "Insurance Department" means the Insurance Department of
3
4 the State of Oklahoma;
4
5 27. "Major cause" means more than fifty percent (50%) of the
5
6 resulting injury, disease or illness. A finding of major cause
6
7 shall be established by a preponderance of the evidence. A finding
7
8 that the workplace was not a major cause of the injury, disease or
8
9 illness shall not adversely affect the exclusive remedy provisions
9
10 of this act the Administrative Workers' Compensation Act and shall
10
11 not create a separate cause of action outside this act the
11
12 Administrative Workers' Compensation Act;
12
13 28. "Maximum medical improvement" means that no further
13
14 material improvement would reasonably be expected from medical
14
15 treatment or the passage of time;
15
16 29. "Medical services" means those services specified in
16
17 Section 50 of this title;
17
18 30. "Misconduct" shall include the following:
18
19 a. unexplained absenteeism or tardiness,
19
20 b. willful or wanton indifference to or neglect of the
20
21 duties required,
21
22 c. willful or wanton breach of any duty required by the
22
23 employer,
23
24
24
Req. No. 961 Page 17
1 d. the mismanagement of a position of employment by
1
2 action or inaction,
2
3 e. actions or omissions that place in jeopardy the
3
4 health, life, or property of self or others,
4
5 f. dishonesty,
5
6 g. wrongdoing,
6
7 h. violation of a law, or
7
8 i. a violation of a policy or rule adopted to ensure
8
9 orderly work or the safety of self or others;
9
10 31. a. (1) "Objective findings" are those findings which
10
11 cannot come under the voluntary control of the
11
12 patient.
12
13 (2) (a) When determining permanent disability, a
13
14 physician, any other medical provider, an
14
15 administrative law judge, the Commission or
15
16 the courts shall not consider complaints of
16
17 pain.
17
18 (b) For the purpose of making permanent
18
19 disability ratings to the spine, physicians
19
20 shall use criteria established by the Sixth
20
21 Edition of the American Medical Association
21
22 "Guides to the Evaluation of Permanent
22
23 Impairment".
23
24
24
Req. No. 961 Page 18
1 (3) (a) Objective evidence necessary to prove
1
2 permanent disability in occupational hearing
2
3 loss cases may be established by medically
3
4 recognized and accepted clinical diagnostic
4
5 methodologies, including, but not limited
5
6 to, audiological tests that measure air and
6
7 bone conduction thresholds and speech
7
8 discrimination ability.
8
9 (b) Any difference in the baseline hearing
9
10 levels shall be confirmed by subsequent
10
11 testing; provided, however, such test shall
11
12 be given within four (4) weeks of the
12
13 initial baseline hearing level test but not
13
14 before five (5) days after being adjusted
14
15 for presbycusis.
15
16 b. Medical opinions addressing compensability and
16
17 permanent disability shall be stated within a
17
18 reasonable degree of medical certainty;
18
19 32. "Official Disability Guidelines" or "ODG" means the current
19
20 edition of the Official Disability Guidelines and the ODG Treatment
20
21 in Workers' Comp as published by the Work Loss Data Institute;
21
22 33. "Permanent disability" means the extent, expressed as a
22
23 percentage, of the loss of a portion of the total physiological
23
24 capabilities of the human body as established by competent medical
24
Req. No. 961 Page 19
1 evidence and based on the Sixth Edition of the American Medical
1
2 Association "Guides to the Evaluation of Permanent Impairment", if
2
3 the impairment is contained therein;
3
4 34. "Permanent partial disability" means a permanent disability
4
5 or loss of use after maximum medical improvement has been reached
5
6 which prevents the injured employee, who has been released to return
6
7 to work by the treating physician, from returning to his or her pre-
7
8 injury or equivalent job. All evaluations of permanent partial
8
9 disability must be supported by objective findings;
9
10 35. "Permanent total disability" means, based on objective
10
11 findings, incapacity, based upon accidental injury or occupational
11
12 disease, to earn wages in any employment for which the employee may
12
13 become physically suited and reasonably fitted by education,
13
14 training, experience or vocational rehabilitation provided under
14
15 this act the Administrative Workers' Compensation Act. Loss of both
15
16 hands, both feet, both legs, or both eyes, or any two thereof, shall
16
17 constitute permanent total disability;
17
18 36. "Preexisting condition" means any illness, injury, disease,
18
19 or other physical or mental condition, whether or not work-related,
19
20 for which medical advice, diagnosis, care or treatment was
20
21 recommended or received preceding the date of injury;
21
22 37. "Pre-injury or equivalent job" means the job that the
22
23 claimant was working for the employer at the time the injury
23
24 occurred or any other employment offered by the claimant's employer
24
Req. No. 961 Page 20
1 that pays at least one hundred percent (100%) of the employee's
1
2 average weekly wage;
2
3 38. "Private self-insurer" means a private employer that has
3
4 been authorized to self-insure its workers' compensation obligations
4
5 pursuant to this act the Administrative Workers' Compensation Act,
5
6 but does not include group self-insurance associations authorized by
6
7 this act the Administrative Workers' Compensation Act, or any public
7
8 employer that self-insures pursuant to this act the Administrative
8
9 Workers' Compensation Act;
9
10 39. "Prosthetic" means an artificial device used to replace a
10
11 part or joint of the body that is lost or injured in an accident or
11
12 illness covered by this act the Administrative Workers' Compensation
12
13 Act;
13
14 40. "Scheduled member" or "member" means hands, fingers, arms,
14
15 legs, feet, toes, and eyes. In addition, for purposes of the
15
16 Multiple Injury Trust Fund only, "scheduled member" means hearing
16
17 impairment;
17
18 41. "Scientifically based" involves the application of
18
19 rigorous, systematic, and objective procedures to obtain reliable
19
20 and valid knowledge relevant to medical testing, diagnoses and
20
21 treatment; is adequate to justify the general conclusions drawn; and
21
22 has been accepted by a peer-review journal or approved by a panel of
22
23 independent experts through a comparably rigorous, objective, and
23
24 scientific review;
24
Req. No. 961 Page 21
1 42. "State average weekly wage" means the state average weekly
1
2 wage determined by the Oklahoma Employment Security Commission in
2
3 the preceding calendar year. If such determination is not
3
4 available, the Commission shall determine the wage annually after
4
5 reasonable investigation;
5
6 43. "Subcontractor" means a person, firm, corporation or other
6
7 legal entity hired by the general or prime contractor to perform a
7
8 specific task for the completion of a work-related activity;
8
9 44. "Surgery" does not include an injection, or the forcing of
9
10 fluids beneath the skin, for treatment or diagnosis;
10
11 45. "Surviving spouse" means the employee's spouse by reason of
11
12 a legal marriage recognized by the State of Oklahoma or under the
12
13 requirements of a common law marriage in this state, as determined
13
14 by the Workers' Compensation Commission;
14
15 46. "Temporary partial disability" means an injured employee
15
16 who is temporarily unable to perform his or her job, but may perform
16
17 alternative work offered by the employer;
17
18 47. "Time of accident" or "date of accident" means the time or
18
19 date of the occurrence of the accidental incident from which
19
20 compensable injury, disability, or death results; and
20
21 48. "Wages" means money compensation received for employment at
21
22 the time of the accident, including the reasonable value of board,
22
23 rent, housing, lodging, or similar advantage received from the
23
24 employer and includes the amount of tips required to be reported by
24
Req. No. 961 Page 22
1 the employer under Section 6053 of the Internal Revenue Code and the
1
2 regulations promulgated pursuant thereto or the amount of actual
2
3 tips reported, whichever amount is greater.
3
4 SECTION 2. This act shall become effective November 1, 2025.
4
5
5
6 60-1-961 MR 1/16/2025 3:10:28 PM
6
7
7
8
8
9
9
10
10
11
11
12
12
13
13
14
14
15
15
16
16
17
17
18
18
19
19
20
20
21
21
22
22
23
23
24
24
Req. No. 961 Page 23Every fact on this page links to its source, starting with the official bill record.